Public Charge Rule Stayed

A new proposed rule that would allow USCIS to deny immigrant petitions for green cards, nonimmigrant petitions for change of status and/or extension of status, and nonimmigrant/immigrant petitions for admission on the likelihood that an applicant could become a ‘public charge’ has been stayed by federal judges.

Over the summer, the Trump Administration introduced additional restrictions on immigrant and nonimmigrant applications seeking legal status in the United States. Under the proposed rule, entitled the “Inadmissibility on Public Charge Grounds,” immigration officials would consider if an applicant should be denied a green card or visa because they may become a public charge, or burden, on the economy. This rule would apply to family and employment based green card applications, as well as nonimmigrant visa applications. The rule was set to take place on Tuesday, October 15, 2019.

Today, federal judges in New York and California have ordered temporary injunctions against the implementation of the rule. Several other states are also expected to issue judgements on this issue within the coming days.

USCIS published new forms on Wednesday ahead of the implementation date. The stay will most likely result in the continued use of the previous versions of the forms until resolution of the court cases.

Pearl Immigration will continue to closely monitor these regulatory changes and publish additional updates as they become available.